MDL Mass Tort & Class Action Monitor
Developed to serve primarily as a litigation scouting report for plaintiff and defense counsel, insurers and legal service providers, HarrisMartin’s MDL Mass Tort & Class Action Monitor covers significant new filings and decisions in the JPML, MDL and related mass tort arenas. The quick delivery of breaking news and additional features will keep you within close range of every development occurring in the high-stakes environment of mass torts litigation — where minutes can make a difference. The MDL Mass Tort & Class Action Monitor is an online-only offering that includes frequent email updates and is available at no charge to annual and event sponsors of HarrisMartin’s CLE Conferences.
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Issue #4, March 2017
Plaintiff Asserting Birmingham Hip Resurfacing, R3 Metal-on-Metal Liner Claims Opposes Creation of MDL
A plaintiff with claims pending against Smith & Nephew has opposed plaintiff efforts to create a multidistrict litigation docket for Birmingham Hip Resurfacing and R3 Metal-on-Metal Liner cases, contending that her claims have nothing to do with the BHR system and “only remotely relate to the R3 liner.”
The Chairman of the House Judiciary Committee has introduced a bill that imposes significant class action reforms, including requiring plaintiffs seeking to proceed under Rule 23 to prove that each proposed class member suffered the same type and scope of injury as the named class representative.
Plaintiffs who have filed numerous federal lawsuits alleging injury caused by the synthetic hernia repair product Physiomesh are asking the Judicial Panel on Multidistrict Litigation to create a consolidated docket for the cases.
Issue #3, February 2017
Judicial Panel to Decide Motion to Transfer Generic Drug Pricing Antitrust Cases to Coordinated MDL Docket in Pa.
The Judicial Panel on Multidistrict Litigation has indicated that it will consider a motion to transfer nearly a dozen generic drug price-fixing cases filed in New York and New Jersey to an MDL docket of similar cases that was established last year in Pennsylvania.
The JPML has issued its schedule for the upcoming hearing session in Phoenix, indicating it will consider motions to create MDL dockets for federal cases involving injuries allegedly caused by Farxiga, Mirena, 3T Heater-Cooler Systems and hip implant components manufactured by Stryker and Smith & Nephew.
Howmedica Opposes Motion to Create LFIT V40 MDL Docket, Says ‘Small Number of Actions’ Doesn’t Justify Coordination
Howmedica Osteonics Corp. has opposed a motion to create a coordinated pretrial docket for claims relating to the defendant’s LFIT V40 femoral head, saying that only a handful of cases are implicated in the motion and “only a fraction of those involves products subject” to the recall cited by the plaintiffs.
Plaintiffs with claims relating to Stryker’s LFIT Anatomic Cobalt Chromium V40 femoral heads have sought multi-county litigation designation in the state of New Jersey, saying the cases will involve “recurrent legal issues of design defect, failure to warn, breach of warranty and possibly manufacturing defect.”
A coordinated federal docket will be established in New York for lawsuits targeting the makers of Eliquis, a so-called “breakthrough” anticoagulant that plaintiffs say can cause life-threatening and irreversible bleeding.
Plaintiffs with claims against makers of the Type 2 diabetes drug Farxiga have asked the U.S. Judicial Panel on Multidistrict Litigation to create a centralized docket for their cases, just months after they were excluded from the creation of an Invokana MDL.
Noting that several considerations “fatally undercut the case for centralization,” the Judicial Panel on Multidistrict Litigation denied a petition to consolidate federal lawsuits alleging that proton pump inhibitors (PPI) cause kidney disease.